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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

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Totally confused and apprehensive about finances

  • WorriedinLondon
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12 Jul 12 #342782 by WorriedinLondon
Topic started by WorriedinLondon
I am separated and have been paying for everytihng to do with the matrimonial home where my wife of 10 years lives with our 2 kids (10 years and 2 years).

I am paying for the mortgage, council tax, ALL utility bills, internet, food, clothing for children, and insurances linked to the mortgage. Practically everything!

Can someone advise me whether apart from child maintainence am I supposed to be paying for anything else?

I can''t even afford my own rent, petrol and food and am going deeper into debt each month...

Please can you advise?

If I get divorced then what will be my obligations in general?

  • happyagain
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12 Jul 12 #342807 by happyagain
Reply from happyagain
Your only obligation is for child maintenance if you are not living there. However, you need to consider if your ex would be able to pay the mortgage on her own as your credit rating would be affected too if she fails to make the payments. You also need to think about if your ex can afford to pay those bills on her own as your kids may suffer if not.
On the other hand, the danger of continuing to make all those payments is that if this goes to court, a judge may consider that you can afford to continue doing this as you have down so for 2 years.
Maybe the best solution is somewhere in the middle and a proper sit down to discuss money?

  • mbird
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12 Jul 12 #342809 by mbird
Reply from mbird
That is crazy, what income does she have other than you?? Does she work? Claim benefit? Obligations depend on whole picture and financial situation. You should instigate divorce proceedings and get finances agreed. I would approach the CSA to ensure you are paying correct amount.
Sounds to me like she is taking the micky!

  • WorriedinLondon
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13 Jul 12 #342996 by WorriedinLondon
Reply from WorriedinLondon
My circumstances are as follows:

1. she is living in the matrimonial house with £240K mortgage remaining and I am paying for the mortgage payments. She isn''t contributing at all.

2. I earn £3700 a month and she does £750 PLUS she gets £1150 from the taxman on the basis of being a single mother but only pays for the little one''s nursey £600 but nothing else towards the bills or other expenses or mortgage, not even children''s food and clothing etc.

According to her what she is getting from the government (£1150) is not for sharing with me to maintain the house and pay part of the mortgage.

  • maisymoos
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13 Jul 12 #343003 by maisymoos
Reply from maisymoos
So after nursery costs her income is £1300, if you paid her Child maintenance this would but her income up by approx another £600 to £700.

How much are the monthly mortgage payments?

  • WorriedinLondon
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13 Jul 12 #343060 by WorriedinLondon
Reply from WorriedinLondon
The monthly mortgage repayments: £1300

  • MrsMathsisfun
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14 Jul 12 #343122 by MrsMathsisfun
Reply from MrsMathsisfun
Your issue will be that your ex income is very low, childcare and the mortgage costs are high.

Your income is reasonable high so I think your ex will have a good case for some form of spousal maintenance.

Would your ex be able to downsize the property to reduce costs?

How many hours do your ex work? Would she have the potential to increase her income in the future?

If you post the details suggest (at top of page) some one might be able to suggest what sort of settlement you would be looking at.

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